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trademark and patent registrations will not protect rights holders’ IP in the Philippines. Granting patents registrations is generally based on a first-to-file (or first-to-invent, depending on the country) basis. Collective marks may be registered and are treated as ordinary trademarks for the purposes of substantive examination.
1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artisticworks as well as cinematograph films and sound recordings are protected by copyright. These registrations aid in allocating precedence.
However, filing for trademark registration, copyright registration, or both may be a good idea for your startup depending on your individual situation. Why Should You Obtain a Trademark Registration or a Copyright Registration? Why Should You Obtain a Trademark Registration or a Copyright Registration?
‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, servicemarks, trade names, and geographical indications”. [1]
In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artisticworks, literary works, and so on.
Intellectual property covers the rights relating to: performances by artists, phonograms, and broadcasts; literature, art, and science; advancements in diverse human endeavors; scientific discoveries; protection against unfair competition. But in the current scenario, AI is causing greater challenges to the trademark law as well.
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